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2005 (9) TMI 385 - AT - Central Excise
Issues:
1. Whether the assessee is liable to pay Central Excise duty on the differential price received from the Ministry of Food. 2. Whether the demand for recovery of the differential amount is within the extended period of limitation. 3. Whether the Commissioner's decision to set aside the demand on the ground of limitation is correct. Issue 1: The case involves the Revenue's appeal regarding the assessee's failure to pay Central Excise duty on the differential price received from the Ministry of Food. The Apex Court's judgment favored the Sugar Industries Federation, leading to the Ministry distributing the calculated amount in 1996-97. The Revenue contended that the assessee should have paid Central Excise duty on the received amount but failed to do so. A show cause notice was issued for recovery, which the assessee contested before the Commissioner. Issue 2: The Revenue invoked the extended period of limitation, alleging that the assessee suppressed facts regarding the receipt of the sum from the Ministry of Food. The Jurisdictional Deputy Assistant Commissioner confirmed the demand and imposed a penalty. However, the Commissioner set aside the demand on the ground of limitation, stating that the Department was aware of the extra amount received by the assessee. The Revenue argued that the larger period of limitation should apply, but the Commissioner disagreed. Issue 3: The Revenue's contention that the assessee suppressed facts was refuted based on the Ministry of Food's letter, which was endorsed to the Range Superintendent. The Department failed to take any action upon receiving the letter, indicating that the assessee did not suppress any information. The Tribunal held that the demand was time-barred as the Department did not initiate any action upon receiving the letter. Consequently, the appeal was rejected, affirming the Commissioner's decision to set aside the demand on the ground of limitation. This detailed analysis of the judgment covers all the issues comprehensively, outlining the key arguments and decisions made by the Tribunal.
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